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surajkk
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Subletting the Flat and Nasty Landlord

Postby surajkk » Mon, 10 Jun 2013 5:04 pm

Hello

Please advice, I am new to Singapore and I had rented a flat (studio) initially I never had plans to bring my wife here, but later I had to get my wife so I searched for a new flat (a bigger one).

The studio i rented i had 1 year agreement with the landlord, she was not ready to releave me and hence i reached to my agent who brought another person (short term) to sublet that place and the landlord didnt complain. once the shorterm person finished her tenancy she moved out and then my agent got a new person a lady, the land lord signed a sublet agreement and now she wants to evict the new tenant( sublet tenant) and now the land lord is threatning me telling she will complain to police and also to Ministry of Manpower, i do have the sublet agreement signed by the landlord... the issue the landlord is stating is that the new lady who has taken the place has visitors(Visitors are the tenants cosuin, Niece etc) and the land lord says they will dirty the place etc... The sublet agreement is for 3 months starting Jun1 and ending Sep2 2013.

Can the landlord sue me or bring police and will i be in trouble? I do have the sublet agreement in place... which was signed by the land lord. my agent says there wont be any issues as the proof of Landlord subletting the place before and also the documents signed etc...

the demand of the landlord is to evict the present tenant in next 3 days... Need your advices if there are lawayers i would like to talk to them too.. Please answer...

Thanks

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Postby beppi » Mon, 10 Jun 2013 9:25 pm

Renting out residential property for short periods (<6months) is generally not allowed. Thus both you and the landlord (who agreed to it) are in trouble if the authorities get to know about it.
You should probably point this out to the landlord and ask him for cooperation in finding another solution.

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Postby Wd40 » Mon, 10 Jun 2013 9:59 pm

beppi wrote:Renting out residential property for short periods (<6months) is generally not allowed. Thus both you and the landlord (who agreed to it) are in trouble if the authorities get to know about it.
You should probably point this out to the landlord and ask him for cooperation in finding another solution.


Where did you get that information from? I have seen agents openly advertising short term rentals for quarterly basis for HDBs too. The OP is talking about studio, so that must be even more liberal.

What the HDB doesnt allow is running a HDB flat like a hotel i.e. a daywise rental.

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Postby sundaymorningstaple » Mon, 10 Jun 2013 10:17 pm


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x9200
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Postby x9200 » Tue, 11 Jun 2013 8:34 am

1y lease only, 9 months passed, 3 months to go, the wife arrives, need a bigger flat. Must be hell of an oversized wife to break the lease for that reason. A perfect example how people make their and others lifes more difficult.

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the lynx
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Postby the lynx » Tue, 11 Jun 2013 8:48 am

x9200 wrote:Must be hell of an oversized wife to break the lease for that reason. A perfect example how people make their and others lifes more difficult.


Or pregnant.

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Re: Subletting the Flat and Nasty Landlord

Postby katbh » Tue, 11 Jun 2013 9:21 am

surajkk wrote:Hello

Please advice, I am new to Singapore and I had rented a flat (studio) initially I never had plans to bring my wife here, but later I had to get my wife so I searched for a new flat (a bigger one).

The studio i rented i had 1 year agreement with the landlord, she was not ready to releave me and hence i reached to my agent who brought another person (short term) to sublet that place and the landlord didnt complain. once the shorterm person finished her tenancy she moved out and then my agent got a new person a lady, the land lord signed a sublet agreement and now she wants to evict the new tenant( sublet tenant) and now the land lord is threatning me telling she will complain to police and also to Ministry of Manpower, i do have the sublet agreement signed by the landlord... the issue the landlord is stating is that the new lady who has taken the place has visitors(Visitors are the tenants cosuin, Niece etc) and the land lord says they will dirty the place etc... The sublet agreement is for 3 months starting Jun1 and ending Sep2 2013.

Can the landlord sue me or bring police and will i be in trouble? I do have the sublet agreement in place... which was signed by the land lord. my agent says there wont be any issues as the proof of Landlord subletting the place before and also the documents signed etc...

the demand of the landlord is to evict the present tenant in next 3 days... Need your advices if there are lawayers i would like to talk to them too.. Please answer...

Thanks


There is no real issue about a less than 6 month SUBLET. And it all also depends on whether it is an HDB apartment, a private apartment or a condo. As long as the landlord has permission to rent out an HDB you should not have a problem.

There are no hard and fast RULES about length of the actual tenancy.There are URA and HDB guidelines but each is on a case by case basis. But as this head lease is for 1 year, there can be no objection to this length of the head lease.

What is relevant here is the sublease. For a condo, this can be regulated in the bylaws of the development. So a short term subletting may be against the by-laws. The by-laws should be displayed on the official notice board so you can check these yourself.

The length of either the Lease or the sublease is not the issue. What is at issue is the difficulty now faced by the subtenant being evicted. If there is a valid sublease - where the subtenant is subject to the head lease - the question is if the subtenant has breached the lease.

As long as the subtenant has not harboured illegal immigrants amongst their visitors, I do not think he/she has done enough to warrant eviction. She/he has the same protections as the head tenant. If she has not breached the terms of the original lease, if she has a valid sublet agreement with the landlord, she can not be evicted if she has not breached the lease.

She is also entitled to the same length of notice that you would have been. If the landlord wants to break the subtenancy she needs to show a breach of the lease.

Another factor to be considered is the length of the sublet agreement that was entered into with the landlords signature and agreement. If it was for the balance of the lease you hold, it is a relatively simple matter.

You do not need to fear the Ministry of Manpower as it is not a matter for them and they will tell this to your landlord. Just make sure you have given your new address to MOM - if you have they can get angry

Any issue you have with the landlord is only for the time of your lease. You have done the right things and ensured that the landlord has a tenant even after you have left.

At this time I would suggest that you speak to the landlord about breaking your lease. Suggest that if you find them a suitable tenant, that they enter into a new lease with that tenant. If they do not agree, you ask them to advise you in writing on the term of the lease that has been breached by the subtenant and for her to provide proof of that breach. If she can not your subtenant can stay. If she does show you a clear breach, then you will need to find a new subtenant or break your lease.

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Postby katbh » Tue, 11 Jun 2013 9:24 am

Also you do not need to worry about the police. Unless you threaten the landlord (and he/she has evidence of this) the police will tell her/him that it is a civil matter and that they can not get involved.

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Postby x9200 » Tue, 11 Jun 2013 9:24 am

the lynx wrote:
x9200 wrote:Must be hell of an oversized wife to break the lease for that reason. A perfect example how people make their and others lifes more difficult.


Or pregnant.

Pregnant wives can not stay in a single room with their husbands?

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the lynx
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Postby the lynx » Tue, 11 Jun 2013 9:34 am

x9200 wrote:
the lynx wrote:
x9200 wrote:Must be hell of an oversized wife to break the lease for that reason. A perfect example how people make their and others lifes more difficult.


Or pregnant.

Pregnant wives can not stay in a single room with their husbands?


Of course.

I was just trying to explore his position in his decision to break lease for that reason. :roll:

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x9200
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Postby x9200 » Tue, 11 Jun 2013 12:18 pm

I may have some guesses but generally instead of rolling your eyes more helpful to understand your opinion would be just to explain why do you think so.

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the lynx
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Postby the lynx » Tue, 11 Jun 2013 12:30 pm

Sorry that my emoticon got misinterpreted. Wasn't intended to you. The rolling eyes was for that the fact that he could have used that reason, which would be just as equally lame as the one you suggested.

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Postby x9200 » Tue, 11 Jun 2013 12:50 pm

Actually this could be a valid reason. Not legally, but a good justification. For example, if the expected delivery date coincides with the end of the lease term.


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